Ms. Eddie Bernice Johnson of
Texas (for herself, Ms.
Edwards, and Mr. Lipinski)
introduced the following bill; which was referred to the
Committee on Science, Space, and
Technology, and in addition to the Committee on the
Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee
concerned

A BILL

To establish scientific standards and protocols across
forensic disciplines, and for other purposes.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Forensic Science and Standards
Act of 2012.

(b)

Table of
contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. National forensic science research program.

Sec. 5. Forensic science research grants program.

Sec. 6. Forensic science research challenges.

Sec. 7. Forensic science standards.

Sec. 8. Forensic Science Advisory Committee.

Sec. 9. Adoption, accreditation, and certification.

Sec. 10. National Institute of Standards and Technology
functions.

2.

Findings

Congress finds that—

(1)

at the direction
of Congress, the National Academy of Sciences led a comprehensive review of the
state of forensic science and issued its findings in a 2009 report,
Strengthening Forensic Science in the United States: A Path
Forward;

(2)

the report's
findings indicate the need for independent scientific research to support the
foundation of forensic disciplines;

(3)

the report
stresses the need for standards in methods, data interpretation, and reporting,
and the importance of preventing cognitive bias and mitigating human factors;
and

(4)

according to the report, forensic science
research is not financially well supported, and there is a need for a unified
strategy for developing a forensic science research plan across Federal
agencies.

3.

Definitions

In this Act:

(1)

Advisory
Committee

The term Advisory Committee means the
Forensic Science Advisory Committee established under section 8.

(2)

Coordinating
Office

The term Coordinating Office means the
National Forensic Science Coordinating Office established under section
4.

(3)

Forensic
science

(A)

In
general

The term forensic science means the basic
and applied scientific research applicable to the collection, evaluation, and
analysis of physical evidence, including digital evidence, for use in
investigations and legal proceedings, including all tests, methods,
measurements, and procedures.

(B)

Applied
scientific research

In subparagraph (A), the term applied
scientific research means a systematic study to gain knowledge or
understanding necessary to determine the means by which a recognized and
specific need may be met.

(C)

Basic scientific
research

In subparagraph (A), the term basic scientific
research means a systematic study directed toward fuller knowledge or
understanding of the fundamental aspects of phenomena and of observable facts
without specific applications towards processes or products.

(4)

Standards
development organization

The term standards development
organization means a domestic or an international organization that
plans, develops, establishes, or coordinates voluntary consensus standards
using procedures that incorporate openness, a balance of interests, consensus,
due process, and an appeals process.

4.

National forensic
science research program

(a)

Establishment

There
shall be a national forensic science research program to improve, expand, and
coordinate Federal research in the forensic sciences.

(b)

National Academy
of Sciences Report on Forensic Science

The Director of the
National Science Foundation shall contract with the National Academy of
Sciences to develop, not later than 180 days after the date of enactment of
this Act, a report that—

(1)

identifies the
most critical forensic science disciplines, which may include forensic
pathology and digital forensics, that require further research to strengthen
the scientific foundation in those disciplines; and

(2)

makes
recommendations regarding research that will help strengthen the scientific
foundation in the forensic science disciplines identified under paragraph
(1).

(c)

National
forensic science coordinating office

(1)

Establishment

There
is established a National Forensic Science Coordinating Office, with a director
and full time staff, to be located at the National Science Foundation. The
Director of the Coordinating Office shall be responsible for carrying out the
provisions of this subsection.

(2)

Unified Federal
research strategy

The Coordinating Office established under
paragraph (1) shall coordinate among relevant Federal departments, agencies, or
offices—

(A)

the development of
a unified Federal research strategy that—

(i)

specifies and
prioritizes the research necessary to enhance the validity and reliability of
the forensic science disciplines; and

(ii)

is consistent
with the recommendations in the National Academy of Sciences report on forensic
science under subsection (b);

(B)

the development of
a 5-year roadmap, updated triennially thereafter, for the unified Federal
research strategy under subparagraph (A) that includes a description of—

(i)

which department,
agency, or office will carry out each specific element of the unified Federal
research strategy;

(ii)

short-term and
long-term priorities and objectives; and

(iii)

common metrics
and other evaluation criteria that will be used to assess progress toward
achieving the priorities and objectives under clause (ii); and

(C)

any necessary
programs, policies, and budgets to support the implementation of the roadmap
under subparagraph (B).

(3)

Additional
duties

The Coordinating Office shall—

(A)

evaluate annually
the national forensic science research program to determine whether it is
achieving its objectives; and

(B)

report annually to
Congress the findings under subparagraph (A).

(4)

Deadlines

The
Coordinating Office shall submit to Congress—

(A)

not later than 1
year after the date of enactment of this Act, the unified Federal research
strategy under paragraph (2)(A);

(B)

not later than 1
year after the date of enactment of this Act, the initial 5-year roadmap under
paragraph (2)(B); and

(C)

not later than 1
month after the date it is updated, each updated 5-year roadmap under paragraph
(2)(B).

5.

Forensic science
research grants program

(a)

Establishment

Not
later than 1 year after the date of enactment of this Act, the National Science
Foundation shall establish a forensic science research grants program to
improve the foundation and practice of forensic science in the United States
based on the recommendations in the unified Federal research strategy under
section 4.

(b)

Merit
review

Each grant under this section shall be awarded on a
merit-reviewed, competitive basis.

(c)

Publication

The
National Science Foundation shall support, as appropriate, the publication of
research results under this section in scholarly, peer-reviewed scientific
journals.

(d)

Forensic science
research centers

(1)

In
general

As part of the forensic science research grants program
under subsection (a), the Director of the National Science Foundation shall
establish 2 forensic science research centers—

(A)

to conduct
research consistent with the unified Federal research strategy under section
4;

(B)

to build
relationships between forensic science practitioners and members of the
research community;

(C)

to encourage and
promote the education and training of a diverse group of people to be leaders
in the interdisciplinary field of forensic science; and

(D)

to broadly
disseminate the results of the research under subparagraph (A).

(2)

Terms of
designation

(A)

In
general

The Director shall designate each forensic science
research center for a 4-year term.

(B)

Revocation

The
Director may revoke a designation under subparagraph (A) if the Director
determines that the forensic science research center is not demonstrating
adequate performance.

(C)

Amount of
award

Subject to subsection (f), the Director shall award a grant
up to $10,000,000 to each forensic science research center. A grant awarded
under this subparagraph shall be for a period of 4 years.

(D)

Limitation on
use of funds

No funds authorized under this section may be used
to construct or renovate a building or structure.

(3)

Reports

Each
forensic science research center shall submit an annual report to the Director,
at such time and in such manner as the Director may require, that contains a
description of the activities the center carried out with the funds received
under this subsection, including a description of how those activities satisfy
the requirement under paragraph (2)(D).

(e)

Evaluation

(1)

In
general

The Director of the National Science Foundation shall
conduct a comprehensive evaluation of the forensic science research grants
program every 4 years—

(A)

to determine
whether the program is achieving the objectives of improving the foundation and
practice of forensic science in the United States; and

(B)

to evaluate the
extent to which the program is contributing toward the priorities and
objectives described in the roadmap under section 4(c)(2)(B).

(2)

Report to
Congress

The Director of the National Science Foundation shall
report to Congress the results of each comprehensive evaluation under paragraph
(1).

(f)

Authorization of
appropriations

There are authorized to be appropriated to the
National Science Foundation to carry out this section—

(1)

$34,000,000 for
fiscal year 2013;

(2)

$37,000,000 for
fiscal year 2014;

(3)

$40,000,000 for
fiscal year 2015;

(4)

$43,000,000 for
fiscal year 2016; and

(5)

$46,000,000 for
fiscal year 2017.

6.

Forensic science
research challenges

(a)

Prizes and
challenges

(1)

In
general

A Federal department,
agency, or office may assist in satisfying the research needs and priorities
identified in the unified Federal research strategy under section 4 by using
prizes and challenges under the America COMPETES Reauthorization Act (124 Stat.
3982) or under any other provision of law, as appropriate.

(2)

Purposes

The purpose of a prize or challenge under
this section, among other possible purposes, may be—

(A)

to determine or develop the best data
collection practices or analytical methods to evaluate a specific type of
forensic data; or

(B)

to determine the
accuracy of an analytical method.

(b)

Forensic
evidence prizes and challenges

(1)

In
general

A Federal department, agency, or office, or multiple
Federal departments, agencies, or offices in cooperation, carrying out a prize
or challenge under this section—

(A)

may establish a
prize advisory board; and

(B)

shall select each
member of the prize advisory board with input from relevant Federal
departments, agencies, or offices.

(2)

Prize advisory
board

The prize advisory board shall—

(A)

identify 1 or more
types of forensic evidence for purposes of a prize or challenge;

(B)

using the samples
under paragraph (3), recommend how to structure a prize or challenge that
requires a competitor to develop a forensic data collection practice, an
analytical method, or a relevant approach or technology to be tested relative
to a known outcome or other proposed judging methodology; and

(C)

through the
Coordinating Office, advise relevant Federal departments, agencies, or offices
in designing prizes or challenges that satisfy the research needs and
priorities identified in the unified Federal research strategy under section
4.

(3)

Samples

The
National Institute of Standards and Technology or the Department of Justice
shall provide or contract with a non-Federal party to prepare, for each type of
forensic evidence under paragraph (2)(A), a sufficient set of samples,
including associated digital data that could be shared without limitation and
physical specimens that could be shared with qualified parties, for purposes of
a prize or challenge.

(4)

Fingerprint data
interoperability

At least 1 prize or challenge under this section
shall be focused on achieving nationwide fingerprint data interoperability if
the prize advisory board, the Coordinating Office, or a Federal department,
agency, or office identifies an area where a prize or challenge will assist in
satisfying a strategy related to this issue.

7.

Forensic science
standards

(a)

Establishment

(1)

In
general

The National
Institute of Standards and Technology shall—

(A)

identify or coordinate the development of
forensic science standards to enhance the validity and reliability of forensic
science activities, including—

(i)

authoritative methods, standards, and
technical guidance, including protocols and best practices, for forensic
measurements, analysis, and interpretation;

(ii)

technical
standards for products and services used by forensic science
practitioners;

(iii)

standard
content, terminology, and parameters to be used in reporting and testifying on
the results and interpretation of forensic science measurements, tests, and
procedures; and

(iv)

standards to
provide for the interoperability of forensic science-related technology and
databases;

When
prioritizing its responsibilities under paragraph (1), the National Institute
of Standards and Technology shall consider—

(A)

the unified
Federal research strategy under section 4; and

(B)

the
recommendations of any expert working group under subsection (b).

(4)

Report to
Congress

The Director of the National Institute of Standards and
Technology shall report annually, with the President's budget request, to
Congress on the progress in carrying out the National Institute of Standards
and Technology's responsibilities under paragraph (1).

(b)

Expert working
groups

(1)

In
general

The Director of the National Institute of Standards and
Technology may establish 1 or more discipline-specific expert working groups to
identify gaps, areas of need, and opportunities for standards development with
respect to forensic science.

(2)

Members

A
member of an expert working group shall—

(A)

be appointed by
the Director of the National Institute of Standards and Technology;

(B)

have significant
academic, research, or practical expertise in a discipline of forensic science
or in another area relevant to the purpose of the expert working group;
and

(C)

balance scientific
rigor with practical and regulatory constraints.

(3)

Federal Advisory
Committee Act

An expert working group established under this
subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).

(c)

Authorization of
appropriations

There are authorized to be appropriated to the
National Institute of Standards and Technology to carry out this
section—

(1)

$5,000,000 for
fiscal year 2013;

(2)

$12,000,000 for
fiscal year 2014;

(3)

$20,000,000 for
fiscal year 2015;

(4)

$27,000,000 for
fiscal year 2016; and

(5)

$35,000,000 for
fiscal year 2017.

8.

Forensic Science
Advisory Committee

(a)

Establishment

The
Director of the National Institute of Standards and Technology and the Attorney
General, in collaboration with the Director of the National Science Foundation,
shall establish a Forensic Science Advisory Committee.

(b)

Duties

The
Advisory Committee shall provide advice to—

(1)

the Federal
departments, agencies, and offices implementing the unified Federal research
strategy under section 4;

(2)

the National
Institute of Standards and Technology, including recommendations regarding the
National Institute of Standards and Technology's responsibilities under section
7; and

(3)

the Department of
Justice, including recommendations regarding the Department of Justice's
responsibilities under section 9.

(c)

Subcommittees

The
Advisory Committee may form subcommittees related to specific disciplines in
forensic science or as necessary to further its duties under subsection (b). A
subcommittee may include an individual who is not a member of the Advisory
Committee.

(d)

Chairs

The
Director of the National Institute of Standards and Technology and the Attorney
General, or their designees, shall co-chair the Advisory Committee.

(e)

Membership

The
Director of the National Institute of Standards and Technology and the Attorney
General, in consultation with the Director of the National Science Foundation,
shall appoint each member of the Advisory Committee. The Advisory Committee
shall include balanced representation between forensic science disciplines
(including academic scientists, statisticians, social scientists, engineers,
and representatives of other related scientific disciplines) and relevant
forensic science applications (including Federal, State, and local
representatives of the forensic science community, the legal community, victim
advocate organizations, and law enforcement).

(f)

Administration

The
Attorney General shall provide administrative support to the Advisory
Committee.

(g)

Federal Advisory
Committee Act

The Advisory Committee established under this
section shall not be subject to section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.).

9.

Adoption,
accreditation, and certification

The Attorney General—

(1)

shall promote the adoption of forensic
science standards developed under section 7, including—

(A)

by requiring each
Federal forensic laboratory to adopt the forensic science standards;

(B)

by encouraging
each non-Federal forensic laboratory to adopt the forensic science
standards;

(C)

by promoting
accreditation and certification requirements based on the forensic science
standards; and

(D)

by promoting any
recommendations made by the Advisory Committee for adoption and implementation
of forensic science standards; and

(2)

may promote the
adoption of the forensic science standards as a condition of Federal funding or
for inclusion in national data sets.

10.

National
Institute of Standards and Technology functions

Section 2(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(b)) is amended—

(1)

in paragraph (12), by striking
and after the semicolon;

(2)

in paragraph (13),
by striking the period at the end and inserting ; and;
and

(3)

by adding at the end the following:

(14)

to identify and coordinate the development
of forensic science standards to enhance the validity and reliability of
forensic science
activities.